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NY K88773




September 3, 2004

CLA-2-61:RR:NC 3:353 K88773

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.93.9020

Mr. Charles D. Ashear
Paris Asia, Ltd.
350 Fifth Avenue – Floor 70
New York, NY 10118

RE: The tariff classification of socks from China.

Dear Mr. Ashear:

In your letter dated August 17, 2004 you requested a tariff classification ruling. As requested, the samples will be returned to you.

The submitted samples are sock Style Nos. CG350R-2 Christmas Tree and Hearts, CG350R-6 Snowflakes, CG350R-10 Polar Bears, CG350R-11 Scottie Dogs and CG350R-12 Penguins. All the socks are knit and are constructed of a mixture of acrylic, nylon, polyester, spandex and 1% rubber. Style No. CG350R-2 has a design of alternating fir trees, hearts and two types of snowflakes; Style No. CG350R-6 has a snowflake design; Style No. CG350R-10 has a polar bear with scarf and snowflake design; Style No. CG350R-11 has a Scottie dog with red or green bow design; Style No. CG350R-12 has a penguin and igloo design.

The items are not considered “festive.” None are household items, none of the above sock styles are representative of a particular holiday, and would not be worn solely on a particular holiday.

The applicable subheading for the socks, Style Nos. CG350R-2, CG350R-6, CG350R-10, CG350R-11 and CG350R-12 will be 6115.93.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Panty hose, tights, stockings, socks and other hosieryknitted or crocheted: Other: Of synthetic fibers: Other: Other, Other.” The rate of duty will be 14.6% ad valorem.

Binding rulings are limited to five (5) items of the same class or kind. Your original inquiry was for twelve (12) items. Therefore, Style Nos. CG350R-1 Christmas Tree, CG350R-3 Christmas Tree and Reindeer, CG350R-4 Santa Claus, CG350R-5 Christmas Tree and Poinsettia, CG350R-7 Holiday Presents, CG350R-8 Snowman and CG350R-9 Snowman Trio are being returned to you. Your request for a classification ruling should be limited to no more than five (5) items. You may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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